Before the Planning Commission can grant a Nonconforming Use Permit, they must make the following findings:
- The use occurs entirely within an existing structure;
- The use is similar to other uses permitted within the district;
- The use has been in existence continuously for a period of at least 10 years prior to the application;
- The off-street parking is adequate to serve the use;
- Hardship would result if the use were discontinued;
- Rezoning the property would result in "spot" zoning or a zoning inappropriate to the surrounding land uses;
- The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare;
- The use is consistent with the comprehensive plan; and
- That a notarized petition of two-thirds of the property owners within 100 feet of the property has been obtained stating support for the use.
The Planning Commission may impose such reasonable conditions and limitations in granting an approval as are determined to be necessary to fulfill the spirit and purpose of the zoning code and to protect adjacent properties.
The Planning Commission may act as the Board of Zoning Appeals and grant Zoning Variances
in accordance with the variance provisions in the zoning code for proposals that also require a Nonconforming Use Permit.